Honble Amitava Lala, J.—Since common question is involved in both the aforesaid writ petitions, the same are decided by this judgment having binding effect in both the cases. However, the Writ Petition No. 61489 of 2007 is taken as leading one.

2. The aforesaid both the writ petitions have been made with the similar prayers. However, prayers of the first writ petition are as follows :

“(i) to issue a writ, order or direction in the nature of certiorari quashing order dated 22.10.2007 (Annexure-12 to the writ petition);

(ii) to declare Ordinance No. 21 of 2007 dated 7.8.2007, as well as Uttar Pradesh Cooperative Sugar Mill Societies (Special Provisions) Rules, 2007 as amended vide notification dated 5.10.2007 (Annexure-9, 10 and 11 of the writ petition) ultra-vires to the provisions of Constitution of India and be struck down and be declared invalid piece of legislation;

(iii) to issue a writ, order or direction in the nature of mandamus restraining the respondents from, in any manner, proceeding to utilize the amount of Rs. 75 crores secured from U.P. Cooperative Bank Ltd., Lucknow, after placing the sugar mill as mortgage and the said amount of Rs. 75 crores may kindly be dire